Published: 24 August 2023
Malec Holdings Pty Ltd was sentenced in the Melbourne County Court today after pleading guilty to a single charge of failing to provide and maintain a system of work that was, so far as reasonably practicable, safe and without risks to health.
In October 2020, two truck drivers returned from their usual trips collecting log loads from New South Wales. After unloading the logs, the drivers commenced the process of cleaning, refuelling and parking their trucks.
The court heard that as one driver reversed his truck towards the parking lot in the cramped yard, the other followed closely on foot. As the driver moved forward and began a U-turn, the deceased stood on a pile of wood debris about 10 metres away.
As the truck continued its U-turn, the deceased slipped or tripped on the pile of wood debris and was run over by the axles of the rear trailer. He died at the scene.
A WorkSafe investigation found that it was reasonably practicable for Malec Holdings to have reduced the risk of injury and death by removing, as much as possible, the need for B-doubles to reverse in the workplace, and by implementing a traffic management plan that identified safety hazards and risks and implemented pedestrian or truck exclusion zones, with clearly marked and barricaded pedestrian walkways and marked vehicle travel routes.
WorkSafe Executive Director of Health and Safety Narelle Beer said tragedies such as this were far too common, with 15 people losing their lives and another 372 seriously injured in vehicle-related incidents so far this year.
"This awful death could have easily been avoided if the right controls were in place," she said.
"In any workplace where vehicles are present a traffic management plan is an essential measure to prevent loss of life or serious injury, and WorkSafe will not hesitate to prosecute any duty holder who fails to prepare and implement such a plan."
Employers using mobile plant should ensure:
- A traffic management plan is in place for pedestrians and powered mobile plant and that it is reviewed and updated as appropriate.
- Pedestrians are separated from moving machinery and that an effective communication system between operators, transport contractors and ground staff is in place.
- Signage is in place and barriers are erected where appropriate.
- Visibility issues are identified and controlled, particularly if lighting is poor.
- Workers operating equipment have the appropriate high risk work licences, as required.
- Machinery and vehicles are regularly inspected and maintained by a suitably qualified person.